The animal control ordinance of the County of San Diego, the same being Title
6, Division 2, Chapters 6 and 7 of the San Diego County Code of Regulatory Ordinances, adopted and amended through Ordinance No. 8422, effective August 11, 1994, is hereby adopted by reference as the animal control ordinance of the City of Imperial Beach (hereinafter referred to as "animal control ordinance"). The City Clerk shall maintain a copy of the above chapters for public inspection.
In the event of any conflict between the provisions of Title
6 of the County of San Diego County Code and any amendment to the
animal control ordinance contained in the City of Imperial Beach Municipal
Code, the provisions contained in the Imperial Beach Municipal Code
shall control.
(Ord. 2006-1046 § 1)
The following definitions shall govern construction of this
chapter:
"Animal"
means and includes, but is not limited to, birds, fishes,
reptiles and nonhuman mammals.
"Approved rabies vaccine"
means a vaccine which is approved for use in the animal concerned
by the California Department of Health.
"At large" or "run at large"
means to be untethered, unleashed or not confined to the
limits of the owner's or handler's property by a fence
or enclosure capable of containment or not under the physical control
of an owner or handler when the animal is upon any property other
than that of the owner or person responsible for the animal.
"Cat"
means a Felis domesticus of either sex, altered or unaltered.
"City"
means the City of Imperial Beach.
"Dog"
means a Canis familiaris of either sex, altered or unaltered;
or any other member of the Canis genus if owned, kept, or harbored.
"Dog license"
means a properly completed certification issued by County
or other authorized agency, including the dog owner's name,
address, and telephone number; the dog's name and description,
including breed, color, sex, month, day (if known), and year of birth;
rabies vaccination date; license tag number and expiration date.
"Health Officer"
means the Director of Public Health and any regularly appointed
sanitarian or employee of the Department of Public Health, or any
regularly appointed sanitarian or employee of the Department of Public
Health of the County of San Diego, or any other person contractually
designated by the City to perform such duties, and the animal control
officers of the City.
"Leash"
means any rope, leather strap, chain or other material not
exceeding six feet in length, being held in the hand of a person capable
of controlling and actually controlling the animal to which it is
attached.
"Licensed dog"
means a dog wearing its current dog license tag as required
by this title.
"License tag"
means a piece of metal or other durable material inscribed
with a date and number which has been issued by the County or other
authorized agency.
"Owner/guardian"
means any person who has the legal responsibility and rights
of an owner/guardian after keeping or harboring an animal for at least
15 days, except a veterinarian or an operator of a kennel engaged
in the regular practice of this business. The use of the term "owner/guardian"
for all legal intent and purposes has the same meaning and effect
as the term "owner" with respect to all federal, state
and local regulations, current and/or as modified.
"Rooster"
means a male chicken regardless of age.
"Vaccinated dog"
means a dog inoculated with an approved, currently valid
antirabies vaccine, and wearing a current dog license tag indicating
proof of such vaccination.
(Ord. 2006-1046 § 1; Ord. 2008-1074 § 2)
A. No owner/guardian shall own, keep, harbor or maintain livestock, poultry or fowl within the City in violation of the provisions of this code, except as provided in Section
6.04.035;
B. Prohibited
animals shall include any rooster regardless of size or whether it
has been surgically decrowed.
(Ord. 2006-1046 § 1; Ord. 2008-1074 § 3)
Any person, except a veterinarian or an operator of a kennel
engaged in the regular practice of this business, who keeps an animal
for more than 15 days shall be deemed the owner/guardian and shall
comply with all aspects of this code and other applicable laws. Owners/guardians
of animals must comply with the following conditions of animal ownership:
A. Animals
shall be restrained or confined as required by law.
B. Animals
shall be humanely treated at all times.
C. Vaccinations,
licenses, and permits shall be obtained as required by law.
D. Animal
premises shall be kept sanitary and shall not constitute a fly breeding
reservoir, a source of offensive odors or of human or animal disease.
E. Animal
and animal premises shall not be permitted to disturb the peace or
constitute a public nuisance or hazard.
(Ord. 2006-1046 § 1)
No owner/guardian shall own or harbor an animal in such a manner that the peace and quiet of the public is disturbed. The written affirmation by two persons having separate residences, indicating that the howling, barking or other noise issued by a dog or other animal, or that violation of a dangerous dog or curbing required, and Sections
6.04.040(D) and
(E) of this chapter disturbs the peace of such persons shall be prima facie evidence of a disturbance of the peace and quiet of the public. The destruction by a dog of property other than that which belongs to the owner/guardian of said dog shall be prima facie evidence of a disturbance of the peace and quiet of the public. For the purposes of this section, Section 415 of the
Penal Code is incorporated by this reference.
(Ord. 2006-1046 § 1)
No owner/guardian or keeper of a dog shall allow or permit such
dog, whether licensed or unlicensed, to be or run at large in or upon
any public place or premises, or in or upon any private place or premises
other than those of said owner/guardian except with the consent of
the person in charge of said private place or premises, unless such
dog is securely restrained by a substantial leash not to exceed six
feet in length and is in charge and control. For the purposes of this
section, any dog in or upon any motor vehicle shall be deemed to be
on the premises of the operator thereof.
(Ord. 2006-1046 § 1)
Except as provided below, it is unlawful for any person, firm or corporation to bring, leave, turn loose, ride, accompany or allow any animal, including, but not limited to, mammals, reptiles, and birds, in public parks, the pier plaza or upon the pier area of the City as defined in Section
12.56.010 of this code.
A. Service
animals, usually dogs, that have been specially trained to help people
with a disability, are allowed in or upon the pier or pier plaza areas
and within public parks if the service animals are being used for
such purposes.
B. Official
law enforcement dogs or other animals that are under the control of
law enforcement officers on official duty are allowed in or upon the
pier or pier plaza areas and within public parks.
C. A dog
or a cat may be brought within a public park so long as it is at all
times restrained by a leash not to exceed six feet in length and is
in the custody and control of a competent person. No person having
control of such dog or cat shall allow such dog or cat to defecate
within any public park. It shall be the duty of all persons having
control of a dog or cat, to curb such dog or cat and to immediately
remove any feces to a proper receptacle. The failure to do so or to
immediately remove any feces to a proper receptacle constitutes a
violation of this section. This section does not allow a dog or cat
to be brought onto the pier.
(Ord. 2022-1214 § 3)
No person or owner/guardian shall treat an animal in a cruel
or inhumane manner or willingly or negligently cause or permit any
animal to suffer unnecessary torture or pain. No owner/guardian shall
abandon any domestic animal without care on any public or private
property.
(Ord. 2006-1046 § 1)
No owner/guardian owning or residing in any residential dwelling
unit within the City shall keep or maintain more than five dogs over
the age of four months within such unit or upon the premises where
such unit is located.
(Ord. 2006-1046 § 1)
No owner/guardian shall leave an animal in any unattended vehicle
without adequate ventilation or in such a manner as to subject the
animal to extreme temperatures, which adversely affect the animal's
health or welfare.
(Ord. 2006-1046 § 1)
It is unlawful to fail to comply with any requirements or restrictions imposed under this chapter. A violation of this chapter constitutes a misdemeanor and is punishable as provided in Chapter
1.12 of this code.
(Ord. 2006-1046 § 1; Ord. 2008-1074 § 5)